FCC Announces Notice of Inquiry Re More
Spectrum for Unlicensed Use |
12/11. The Federal Communications Commission (FCC)
announced, but did not release, a Notice of Inquiry (NOI)
regarding "Additional Spectrum for Unlicensed Devices Below 900 MHz and in
the 3 GHz Band". Unlicensed devices would include, among other things,
802.11.
The FCC did release a short
press
release [MS Word]. In it the FCC stated that the NOI "seeks comments
on whether unlicensed
operations should be permitted in additional frequency bands. Specifically, it
seeks comments on the feasibility of allowing unlicensed devices to operate in
the TV broadcast spectrum and locations and times when spectrum is not being
used. It also seeks comment on the feasibility of permitting unlicensed devices
to operate in other bands, such as the 3650-3700 MHz band, at power levels
higher than other unlicensed transmitters with only the minimal technical
requirements necessary to prevent interference to licensed services."
FCC Chairman Michael Powell
said in a separate
statement [MS Word] that "Technological
advances now allow “smart” low power devices to communicate in spectral open
spaces that were previously closed to development. These technological advances
are great news for the American people. Our goal in today’s item is to allow for
the more efficient and comprehensive use of the spectrum resource while not
interfering with existing services."
FCC Commission Michael Copps said in a
statement [MS Word] that "we must find a way to balance the need to provide
spectrum resources for innovators, entrepreneurs, and new technologies with the
equally important need to avoid unacceptable levels of interference to incumbent
users and consumers."
FCC Commissioner Kevin
Martin wrote a more detailed
statement [MS Word]. He wrote, on the one hand, that "I strongly support
making more spectrum available for unlicensed devices. Unlicensed devices have
been a huge success story, from cordless phones to wireless broadband
connections, such as 802.11b and Bluetooth. I am hopeful that unlicensed
operations will, as some have suggested, eventually provide a last-mile
application to connect people’s homes to the Internet, offering a real
alternative to telephone wires, cable, and satellite connections. I thus believe
the Commission should consider a range of additional allocations for unlicensed
devices."
On
the other hand, Martin (at right) dissented in part. He wrote that "While I
support making more spectrum available for unlicensed use, I am concerned that
opening this inquiry into the TV broadcast bands at this time may create
additional uncertainty and potentially delay the digital transition."
Martin also
suggested that the timing of this NOI is premature. He stated that "This item is
based around several recommendations of the Commission's Spectrum Policy Task
Force Report. We only recently put that Report out for comment, with comments
not even due until January 9, 2003, and reply comments not due until February
10, 2003. It seems odd to me to initiate this proceeding before we even receive
any comments on the Task Force’s recommendations."
See also,
statement [MS Word] of Commissioner
Kathleen Abernathy.
For more information, contact Hugh Van Tuyl in the FCC's Office of
Engineering & Technology at
hvantuyl@fcc.gov or 202 418-7506. This is
OET Docket No. 02-380.
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NTIA Director Victory Addresses Spectrum
Management |
12/10. National Telecommunications and
Information Administration (NTIA) Director
Nancy Victory gave a
speech
on spectrum management to a Department of Defense Spectrum Summit in Washington DC.
She listed and explained a number of goals of the NTIA. For example, she
reiterated that "the U.S. government must work together as
``One Spectrum Team´´
in its approach to spectrum." Currently, spectrum management
divided between the NTIA, which is responsible of spectrum allocated for
government use, and the Federal Communications Commission
(FCC), which is responsible
for the private sector. In addition, the State Department has responsibilities
with respect to international issues.
Victory
(at right) also stated that "there is the need to modernize our spectrum
policies so that they are forward looking. A concerted effort needs to be made
to eliminate unnecessary government micromanaging of spectrum uses. This means
taking a fresh look at legacy policies, rules and restrictions to assess their
ability to accommodate emerging technologies or spectrum needs."
She elaborated that "Current practice requires users to seek permission from
either NTIA or the FCC before changing the services offered over their licensed
frequencies. This process can impose time consuming approval processes that can
engender lengthy delays. We need to look at policies that permit flexibility.
NTIA has supported the FCC's proposal to allow secondary leasing of spectrum to
third parties. We will be exploring whether and to what extent this could work
for government users."
Victory also said that another goal of the NTIA is to "develop spectrum
policies that ensure the deployment of robust wireless networks that are
prepared for the worst of crises and that are able to deliver the best of
services to the government, defense and public safety communities as well as to
the American people."
She then outlined the NTIA's plans for the coming year. First, she said, the
NTIA "plans to address and enhance spectrum efficiency among government users.
The first part of this initiative is to review just how government agencies are
using their spectrum today. In this regard, NTIA will be conducting a study of
the current and future use of the Federal land mobile spectrum in the Washington
Baltimore area."
Second, the NTIA "will also be examining whether certain market based
spectrum policies successful on the private sector side can be applied to the
federal government to encourage efficient spectrum use. For example, could
secondary leasing options be made available to government licensees to permit
them to lease out a portion of their spectrum in non-emergency situations and
recover it in the event of an emergency."
Third, the "NTIA also hopes to address spectrum rights relative to
interference protection. Right now there is no standard formula or methodology
for determining levels of acceptable interference." She added that the NTIA
"plans to begin identifying the interference protection criteria for various
radio services based on national and international sharing studies with the aid
of the IRAC and public sector."
Finally, she said that "Receiver standards is another area that we hope to
investigate since it has the potential to reduce interference and increase
sharing."
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Sen. Enzi Plans to
Reintroduce Export Administration Act in 108th Congress |
12/11. Sen. Mike Enzi (R-WY)
announced in a release that he plans to introduce a revised version of the Export
Administration Act when the 108th Congress convenes next year.
He sponsored
S 149,
the Export Administration Act of 2001, in the 107th Congress. The Senate passed the
bill by a vote of 85-14, just prior to the terrorist attacks of September 11, 2001. The
bill was also supported by the Bush administration.
Rep. David Dreier (R-CA) introduced
HR 2568,
an administration backed bill, in the House, on July 19, 2001.
However, it did not pass in the House. Instead,
HR 2581,
sponsored by Rep. Benjamin Gilman
(R-NY), which is a much different export bill that is not supported by the
administration or Rep. Dreier, passed the House International Relations
Committee on August 1, 2001. The House then took no further
action on any export control bill.
S 149 would have modernized export control laws. It would
have eased restraints on most dual use products, such as computers and software, but increased
penalties for violations. It also would have eliminated the
use of MTOPS based limits to control the export of high
performance computers.
Sen. Enzi (at right) stated on December 11
that "S 149 was a good
bill that would have put into place an effective framework for controlling
exports and would have substantially increased penalties to deter illegal
exports ... However, there are areas of the old bill
that can be enhanced to create a new and improved EAA."
Enzi said the creation of the new Department of Homeland Security may have an
affect on the final product, and that one area he would like to review
is foreign availability and mass market status.
He also stated that "Investigating ways to incorporate foreign availability and mass market
status as criteria for controlling goods on the Commerce Control List may help
streamline the licensing process and save time and money".
Sen. Enzi won re-election in November. In contrast, Sen.
Fred Thompson (R-TN), one of the leading critics of
liberalization of export controls, retired from the
Senate. Also, Sen. Phil Gramm (R-TX), who was the ranking Republican on the
Senate Banking Committee, which
has jurisdiction over the bill, retired. He had backed S 149. Also,
Sen. Richard Shelby (R-AL),
another critic of the bill, and a member of the Committee, remains in the
Senate.
The current statutory basis for export controls is the Export Administration Act.
It expired in 1990. Since then, Presidents have used a series of temporary
emergency powers to continue the export control regime.
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DOJ Official Comments on EchoStar DirecTV
Merger |
12/11. The Department of Justice's (DOJ)
Hewitt Pate praised the
decision of EchoStar Communications and Hughes Electronics to abandon their
proposed merger. See,
DOJ
release.
EchoStar and Hughes both provide direct broadcast satellite (DBS)
service via their
Dish Network
and DirecTV. The two companies
reached this decision, in part, because the DOJ's Antitrust Division took action to
block the merger.
Pate
(at right), has been the Acting Assistant Attorney General in charge of the
DOJ's Antitrust Division since the
departure of Charles James.
Pate stated that "We welcome this decision to abandon the transaction.
Had this merger gone
forward, it would have eliminated competition between the nation's two most
significant direct broadcast satellite services, Hughes's DIRECTV and EchoStar's
DISH Network. It would have created a monopoly in those areas where cable
television is not available, primarily rural areas, and would have reduced
competitive choices from three to two for the tens of millions of households for
whom DIRECTV, DISH Network, and cable now compete. Because the merger is being
abandoned, America's consumers will continue to reap the benefits of competition
in the multichannel video programming distribution business."
The Federal Communications Commission (FCC)
declined to approve the transfer of FCC licenses associated with the merger
based upon its own antitrust analysis.
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Tenhula Named Director of
FCC Spectrum Policy Task Force |
12/11. The Federal
Communications Commission (FCC) announced several changes in the leadership
of its Spectrum Policy Task Force (SPTF).
Peter Tenhula (at right), who is currently the Co-Director, will take
over as Director. He will replace Paul Kolodzy, who will leave the FCC
to become Director of the Center for Wireless Network Security at the Stevens
Institute of Technology in Hoboken, New Jersey.
Fred Thomas, Chief of the Spectrum Coordination Branch in the Office of
Engineering and Technology, will become a Deputy Director of the Task Force. He will
retain his existing responsibilities in OET, including his role as FCC liaison to
the Interdepartment Radio Advisory Committee (IRAC).
Lauren Van Wazer, who has been Deputy Director
of the SPTF, will return to her duties as Special Counsel to the
Chief of the Office of Engineering and Technology. Mary McManus, Senior Counsel
in the Office of General Counsel, will be Special Counsel on the SPTF. See,
FCC
release [MS Word].
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More People and Appointments |
12/11. Federal Communications
Commission (FCC) Commissioner
Kathleen Abernathy
named Jennifer Manner to be Senior Counsel for
wireless and international issues. She will begin on January 13, 2003. Abernathy
had previously announced her intention to hire Carolyn Groves, a partner
at the law firm of Wilkinson Barker Knauer.
However, Groves withdrew due to recusal issues. Manner has worked for
WorldCom since 1996. Before that, she was
an associate with the law firm of Akin Gump. And
before that, she worked in the FCC's Common Carrier Bureau. See,
FCC
release [MS Word].
12/10. President Bush named David Leitch Deputy Counsel and Deputy
Assistant to the President. Most recently, Leitch as worked in the
Office of
Management and Budget as the Counsel to the Transition Planning Office for the
Department of Homeland Security. He was previously a partner in the law firm of
Hogan & Hartson. He is also a former law
clerk of Chief Justice William
Rehnquist, and like Rehnquist, a veteran of the Department of
Justice's Office of Legal Counsel. See,
White
House release.
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Thursday, December 12 |
9:00 AM. The President's Council of Advisors on Science and Technology's (PCAST)
Subcommittee on Federal Research and Development Investment and its National
Benefits will hold an
open public forum on federal technology transfer mechanisms. See,
notice
in the Federal Register. Location: RAND Washington Office, 1200 S. Hayes St., Arlington, VA,
Room 4204 (which is accessible from the Pentagon City metro stop).
12:00 NOON. The Cato Institute will
host a Capitol Hill briefing titled "Yellow Light on Total Information
Awareness". The scheduled speakers include Wayne Crews, Robert Levy,
and Charles Peña. See, notice
and online registration form. Location: 1539 Longworth House Office Building.
The
FCBA will host its annual Chairman's Dinner. See,
registration form [PDF].
Location: Washington Hilton and Towers.
Day one of a two day conference hosted by the Practicing Law Institute and the
FCBA titled "Telecommunications Policy and Regulation". At 12:15 PM
FCC
Commissioner Kevin
Martin will deliver a keynote address. Location: Reagan International
Trade Center.
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Friday, December 13 |
9:15 - 11:30 AM. The American Enterprise
Institute (AEI) will host a panel discussion titled "Intellectual
Property: A Positive Side for Developing Country Business?". The speakers
will be Michael Finger (AEI), Ron Layton (LightYears IP), and others.
Location: AEI, 12th floor, 1150 17th St., NW.
9:30 AM. The U.S. International Trade
Commission (USITC) will meet regarding the preliminary countervailing duty
investigation regarding DRAMs and DRAM Modules from Korea
(Investigation No. 701-TA-431). See,
notice published in the
Federal Register. Location: Main Hearing Room, ITC Building, 500 E Street, SW.
Day two of a two day conference hosted by the Practicing Law Institute and the
FCBA titled "Telecommunications Policy and Regulation". Location: Reagan
International Trade Center.
EXTENDED TO JANUARY 17. Deadline to
submit reply comments to the
FCC
in response to its
Notice of Proposed Rulemaking (NPRM) [15 pages in PDF] in its proceeding
titled "In the Matter of Digital Broadcast Copy Protection". This NPRM
proposes that the FCC promulgate a broadcast flag rule, and seeks comment on
this, and related questions. This is MB Docket No. 02-230. See also,
FCC release [PDF] and
Order [PDF] of October 11, 2002 extending deadlines.
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Monday, December 16 |
The Supreme Court will be in recess from December 16 through January 12.
12:15 PM. The
FCBA's Professional Responsibility Committee will host a brown bag
luncheon. For more information, contact Frank Montero at 202 663-8936. RSVP to
wendy@fcba.org. Location: Arnold & Porter,
555 12th St., NW.
Deadline to submit comments to the National Institute of
Standards and Technology (NIST) regarding its draft publication
[90 pages in PDF] file titled "Security Metrics Guide for Information Technology
Systems". This is NIST Special Publication 800-55. It was written by
Marianne Swanson, Nadya Bartol, John Saboto, and Joan Hash in the NIST's
Information Technology Laboratory's Computer Security Division. Send comments to
marianne.swanson @nist.gov.
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Tuesday, December 17 |
9:00 AM. The Securities and Exchange
Commission (SEC) will hold a roundtable meeting to discuss the
international impact of proposed rules to be promulgated under the Sarbanes
Oxley Act of 2002 on auditor independence. Audio of the meeting will be
web cast. See,
SEC release.
Location: SEC headquarters, 450 Fifth Street, NW.
10:00 AM - 12:00 NOON. The Department of State's (DOS) U.S. International
Telecommunication Advisory Committee (ITAC) will hold a meeting to discuss
matters related to the World Summit on the Information Society (WSIS)
scheduled for December 2003. See,
notice
in the Federal Register, December 3, 2002, Vol. 67, No. 232, at
Page 72018. Location: National Academy of Sciences, 2100 C St. NW.
1:30 - 3:30 PM. The FCC's WRC-03 Advisory Committee,
Informal Working Group 7, Regulatory Issues and Future Agendas, will meet.
Location: Boeing Company, Arlington, VA.
2:00 PM. The Securities and Exchange
Commission (SEC) will hold a roundtable meeting to discuss the
international impact of proposed rules to be promulgated under the Sarbanes
Oxley Act of 2002 on attorney conduct. Audio of the meeting will be
web cast. See,
SEC release.
Location: SEC headquarters, 450 Fifth Street, NW.
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Wednesday, December 18 |
Deadline to submit comments to the FCC regarding AT&T's
petition for declaratory ruling that its phone to phone Internet protocol
telephony services are exempt from access charges. AT&T filed the petition on
October 18, 2002. This is WC Docket No. 02-361. For more information, contact
Kathy O’Neill at 202 418-1520 or Julie Veach at 202 418-1558. See,
FCC
notice [4 pages in PDF].
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Thursday, December 19 |
Deadline for the
FCC
to rule on SBC's Section 271 application
with the FCC to provide in region interLATA service in the state of
California. This is WC Docket No. 02-306. See,
FCC notice [PDF].
Deadline for the
FCC
to rule on BellSouth's Section 271
application with the FCC to provide in region interLATA service in the states
of Florida and Tennessee. This is WC Docket No. 02-307. See,
FCC notice [PDF].
1:00 - 4:00 PM. The
U.S. Patent and Trademark Office (USPTO)
will host a roundtable meeting. The USPTO has offered two descriptions of the
purpose of this meeting. It stated in an October 28
notice
in the Federal Register that the meeting will address small
business views on foreign patent challenges. It stated in a December 9
notice that the meeting will address harmonization of patent laws. This
roundtable, along with two others in Los Angeles and Chicago, are being held
pursuant to a recommendation contained in a
General Accounting Office (GAO)
report [PDF] titled
"Federal Action Needed to Help Small Businesses Address Foreign Patent
Challenges". This report was released on August 22, 2002. See also, story
titled "GAO Reports Foreign Patent Challenges Facing Small Businesses" in
TLJ Daily E-Mail
Alert No. 497, August 23, 2002. December 19 is also the deadline to submit
written comments. To make reservations to attend, contact Velica Steadman at
703 305-9300 or velica.steadman @uspto.gov.
Location: Crystal Park 2, 2121 Crystal Drive, Arlington, VA.
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